20. Schedule 6 to the PLPS Regulations (terms of service of dispensing doctors) is amended in accordance with this Part.
21. After paragraph 3A(1) (supply in accordance with a SSP) insert—
3B.—(1) Subject to the following provisions of this Part, where—
(a)a dispensing doctor (D) receives, via a secure service approved by the NHSCB for this purpose, an electronic message that amounts to an order for the supply of a drug in accordance with a PTP; and
(b)a person who is entitled to be supplied with that drug in pursuance of that order requests the provision of the drug in accordance with that order,
D must, with reasonable promptness, provide the drug so ordered.
(2) If a person requesting the provision of the drug asks D to do so—
(a)D must give an estimate of the time when the drug will be ready; and
(b)if they are not ready by then, D must give a revised estimate of the time when they will be ready (until they are ready).
(3) Where D provides a drug under sub-paragraph (1), D must include a dispensing label on the packaging of the product and include in the label (in addition to the particulars required or permitted by Part 1 of Schedule 26 to the Human Medicines Regulations 2012), for the patient’s benefit, information to the effect that the product is being supplied in accordance with a PTP, identifying the particular PTP.”.
22. In paragraph 6(2) (refusal to provide drugs or appliances ordered), after sub-paragraph (4) insert—
“(5) D may refuse to provide an order for a drug that is or is purportedly in accordance with a PTP where—
(a)D reasonably believes it is not a genuine order for the person who requests, or on whose behalf is requested, the provision of the drug;
(b)providing it would be contrary to D’s clinical judgement;
(c)D or other persons are subjected to or threatened with violence by the person who requests the provision of the drug, or by any person accompanying that person; or
(d)the person who requests the provision of the drug, or any person accompanying that person, commits or threatens to commit a criminal offence.
(6) D must refuse to provide, pursuant to a PTP, an order for a drug that is or is purportedly in accordance with the PTP where D is not satisfied that it is in accordance with the PTP.”.
Paragraph 3A was inserted by S.I. 2019/990.
Paragraph 6 has been amended by S.I. 2018/1114 and 2019/990.